Man charged in death of plum-eating woodpecker

Published: Wednesday, May 22, 2013 at 3:53 p.m.

Last Modified: Wednesday, May 22, 2013 at 3:53 p.m.

A man who admitted killing a red-bellied woodpecker that was eating plums from trees his mother gave him was charged Tuesday with taking a migratory bird.

John Wayne Miller, 51, of Ocklawaha, surrendered at the Marion County Jail, where he was booked at 10:34 a.m. and released at 11:22 a.m. after posting $250 bond.

Joy Hill, a spokeswoman for the Florida Fish and Wildlife Conservation Commission, said Wednesday that Miller used a pellet rifle to shoot and kill the bird, described as a baby probably hatched this spring. She said they received an anonymous phone call about the shooting.

Migratory birds such as the woodpecker are federally protected by the Migratory Bird Treaty Act.

According to www.allaboutbirds.org, red-bellied woodpeckers are common in forests of the eastern US. They have black and white barred backs and red caps, often leading to their mistakenly being identified as red-headed woodpeckers.

After receiving the report about the bird’s death, the FWC opened an investigation. An investigator later met with the State Attorney’s Office, which decided to issue a warrant. Miller could have been charged with a federal crime, but Hill said the recommendation was to not press for that charge. A state official notified Miller about the warrant and he turned himself in.

Miller apologized for killing the bird and said he did not know it was illegal to shoot it, according to reports.

Miller told a Star-Banner reporter his 80-year-old mother had given him two plum trees from her property and they meant a lot to him. He said it hurt him that he killed the bird, and he didn’t mean to do it, but he spent a lot of money fertilizing and taking care of the trees. He said last year he only had five plums and was wondering why he was not getting more fruit. He also said the woodpecker bored holes in the trees.

Hill said anyone who has questions about wildlife can call 1-888-404-3922 or visit www.myfwc.com.

<p>A man who admitted killing a red-bellied woodpecker that was eating plums from trees his mother gave him was charged Tuesday with taking a migratory bird.</p><p>John Wayne Miller, 51, of Ocklawaha, surrendered at the Marion County Jail, where he was booked at 10:34 a.m. and released at 11:22 a.m. after posting $250 bond.</p><p>Joy Hill, a spokeswoman for the Florida Fish and Wildlife Conservation Commission, said Wednesday that Miller used a pellet rifle to shoot and kill the bird, described as a baby probably hatched this spring. She said they received an anonymous phone call about the shooting.</p><p>Migratory birds such as the woodpecker are federally protected by the Migratory Bird Treaty Act.</p><p>According to www.allaboutbirds.org, red-bellied woodpeckers are common in forests of the eastern US. They have black and white barred backs and red caps, often leading to their mistakenly being identified as red-headed woodpeckers.</p><p>After receiving the report about the bird's death, the FWC opened an investigation. An investigator later met with the State Attorney's Office, which decided to issue a warrant. Miller could have been charged with a federal crime, but Hill said the recommendation was to not press for that charge. A state official notified Miller about the warrant and he turned himself in.</p><p>Miller apologized for killing the bird and said he did not know it was illegal to shoot it, according to reports.</p><p>Miller told a Star-Banner reporter his 80-year-old mother had given him two plum trees from her property and they meant a lot to him. He said it hurt him that he killed the bird, and he didn't mean to do it, but he spent a lot of money fertilizing and taking care of the trees. He said last year he only had five plums and was wondering why he was not getting more fruit. He also said the woodpecker bored holes in the trees.</p><p>Hill said anyone who has questions about wildlife can call 1-888-404-3922 or visit www.myfwc.com.</p><p>Contact Austin L. Miller at 867-4118 or austin.miller@starbanner.com.</p>